N3220520R4037-0004.docx

N3220520R4037

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION / CONTRACT FORM

The required response date/time has changed from 16-Mar-2020 02:00 PM to 24-Mar-2020 02:00 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0001AE

The CLIN extended description has changed from:

USNS MIGUEL KEITH (T-ESB-5) PSA OPN FUNDED CAT A WIs CAT A WORK ITEMS 434

To:

USNS MIGUEL KEITH (T-ESB-5) PSA OPN FUNDED CAT A WIs CAT A WORK ITEM 434

CLIN 0006

WI 0410 - ECDIS Install in Master's Dayroom (TALT TESB 15-009) Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

WI 0410 - ECDIS Install in Master's Dayroom (TALT TESB 15-009) Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

CLIN 0008

The CLIN description has changed from Category "B" WI 0617 to CLIN 0008 IS DELETED.

WI 0617 - MILCREW Space Conversion for Barber Shop (T-ALT T-ESB 18-011)Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

CLIN 0008 IS DELETED FROM THE SOLICITATION. WI 0617 - MILCREW Space Conversion for Barber Shop (T-ALT T-ESB 18-011) IS CHANGED FROM A CAT B TO CAT A. SEE CLIN 0001AF.

The option status has changed from Option to No Status.

The PSC code J999 has been deleted.

The PROG code A30 has been deleted.

The SIC code 3731 has been deleted.

The NAICS code 336611 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

SUBCLIN 0001AF is added as follows:

0001AF

CNSP Category "A" Work Items (WIs)

FFP

USNS MIGUEL KEITH (T-ESB-5) PSA CNSP FUNDED CAT A WIs

CAT A WORK ITEM 617

FOB: Destination J999

NET AMT

The following have been modified:

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0011 $______________

The contractor shall enter the total proposed price of all CLINs.

PART I - THE SCHEDULE

Section B, Price Schedule, detailed information

CLIN 0001 –Attachment J-2 – Category “A” WIs provides a WI breakdown of CLIN 0001 pricing.

CLIN 0002: This CLIN contains the FBLR (e.g., G&A, overhead, profit, supervision, consumables, and/or support functions, etc.) and the ODC profit and G&A rate. These rates are used for pricing changes negotiated under the H-3 Clause - AGR and H-4 Clause ODC, for the duration of the contract. Changes are inherent to vessel repair contracts and should be expected by the Contractors. Additionally, this CLIN includes G&A and profit rates for ODC to be used for negotiating changes. These rates shall prevail even when the contract is extended/modified. The number of AGR man-hours and the ODC base amount are estimates that were generated for evaluation purposes. The actual amounts of man-hours and ODC may be used interchangeably under the contract which could result in a distribution and amount of man-hours and ODC that is either higher or lower than that stated in CLIN 0002. Any additional AGR or ODC required beyond the CLIN 0002 estimated amount shall be added through contract modification using the same AGR and ODC rates agreed upon at contract award. Any unused AGR or ODC will be de-obligated from the contract at the same AGR and ODC rates agreed upon at contract award. The contractor agrees that the number of man-hours included in its proposed price for such AGR shall include only direct production man-hours. For these purposes, direct production man-hours are for skilled labor at the Journeyman level expended in direct production as exemplified by the following functions:

Direct production man-hours will not include those functions (whether charged directly or indirectly by the contractor’s accounting system) which are defined herein as support for production functions. Necessary support functions shall be considered to be included in the offeror's FBLR for direct production man-hours. Examples of support functions include:

Consumable materials are goods used in the ordinary course of work performance such as office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, welding rods, paint buckets, paint brushes, protective clothing, etc. that do not become an integral part of the repaired vessel. Consumable material shall be included in the contractor's FBLR and not separately priced.

The rates for profit and G&A on CLIN 0002 above shall be the same rates used by the contractor in its responses to the Request for CCO Proposals issued under this contract. The KO will apply these rates to the ODCs for each CCO when it is negotiated and settled.

The base cost, stated in this CLIN does not include the profit or G&A rates.

NOTE: This does not include any material cost for Category “A” WIs. The material cost for Category “A” WIs has been included under CLIN 0001.

CLINs 0003 through 0011 –Attachment J-3 – Category “B” WIs provides a WI breakdown of CLIN 0003 through 0011 pricing.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

C-1 GENERAL

1. The contractor shall prepare for and accomplish the VR, overhaul, or alterations of the USNS MIGUEL KEITH (T-ESB 5) as specified herein and IAW the WI package as provided in Attachment J-1 – WI Package (Specifications). Unless otherwise specified, all work shall be performed at the contractor’s shipyard.

2. In performing the WIs specified, the contractor shall be responsible for all of the following related work (in case of a discrepancy, the terms and conditions stated in the WIs take precedence over the following terms and conditions):

(a) Providing the necessary management, procurement, production, testing, technical capability and resources, and quality assurance services.

(b) Ensuring the timely procurement of CFM/CFP and the timely reporting, receipt, storage, installation, and accountability of GFM/GFP IAW FAR Clause 52.245-1 and DFARs Clauses 252.211-7007, 252.245-7001, 252.245-7002, 252.245-7003, and 252.245-7004.

(c) Using progress measurement systems to determine the physical progress of completed work for each of the elements in the scheduling plan, including material and manpower control, engineering, production, tests and trials IAW the CDRL and the contractor's own Technical Proposal, and the WI package. The progressing system shall permit a direct comparison of the physical progress of completed work to the planned performance measurement baseline for each of the elements in the scheduling plan.

(d) Using management procedures and systems to identify behind schedule conditions and unfavorable schedule variances based on the TPSN submitted with the contractor’s proposal. The applied procedures and systems shall provide timely identification of scheduling problem areas to permit prompt management action to correct unsatisfactory conditions.

(e) Developing a performance milestone schedule/critical path chart to measure scheduled performance. Deviations from the milestone schedule/critical path chart dates in WI 013 must be submitted to and approved by the KO. A performance milestone schedule and critical path chart shall be developed and submitted in accordance with the WI Package. The performance milestone schedule shall include and clearly identify primary and parallel critical paths. The resource loaded performance milestone schedule shall include, at a minimum, those milestones identified in WI 013.

(f) Using approved quality control procedures as required by this contract and the WI package to ensure procured material and performed production work conforms to the required quality standards.

(g) Ensuring the ship's equipment and systems remain configured to existing baselines with regard to procured material, production work, and software.

(h) Applying stringent configuration control procedures to ensure that configuration baselines are maintained for procured material and production work.

(i) Providing for staging and storing of material (both Government-furnished and contractor-furnished) and LLTM for use in the availabilities from the date of award.

(j) Managing all subcontractors’ performance during the availability. Ensure subcontractor work is to the same quality and standards as expected from the prime contractor. Develop and maintain a subcontractor management plan. The plan shall ensure that all communication and control of subcontractors is maintained by the prime contractor.

(k) Employing good judgment and sound engineering practice and principles, particularly when WIs do not describe all details of accomplishing the work. The contractor shall be expected to have, either organically or through subcontractors, access to competent engineers who have a history of working solutions in a maritime environment.

3. Contract work shall be performed by an eligible contractor as defined below.

(a) The contractor shall be capable of performing the full scope of the requirement stated herein within its own facilities, utilizing its own shop(s) and work force, or be capable of subcontracting for these elements beyond its managerial, technical, or physical capability or capacity. The contractor shall assume full responsibility for the integrated scheduling, cost, and quality of subcontractor performance.

(b) The contractor shall be a company recognized as engaged in ship repair work and possess an organization capable of the full scope of planning, engineering, quality control, shipboard/offship production and component/system testing and trials. The contractor shall provide industry certifications such as: MSRA, ABR, or ISO Certification that would further emphasize the contractor's ability to perform the work. To be determined responsible, the contractor shall submit acceptable evidence to demonstrate its ability to accomplish the work. This will include a conclusive demonstration of having the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and/or subcontractors) at the time of award. The contractor’s proposal shall provide a documented and positive demonstration of established organizational elements as set forth below. These characteristics will be evaluated to determine a firm's eligibility for contract award:

a. Administration/Management Control. Established organization geared toward ship repair at all levels of size, value, and complexity, and toward technology innovation and process improvement. Clear lines of authority. Delegation of responsibility. Mid-level managerial positions in place. Competent and experienced employees with ship repair experience. Capability to develop and integrate planning, estimating, and scheduling functions. Defined managerial responsibilities for production, quality assurance, material procurement/control, and subcontractor control.

b. Financial Control. Segregation of accounting costs. Adequate accounting system. Favorable cash flow-ratios. Availability of a line of credit or other source of financial income to support the work effort. Prompt payment of subcontractors and suppliers.

c. Production Control. A production organization. On board (or ability to obtain) trade mix/skills to perform ship repair work. Control of production efforts. Integration of other key functions with production. Use of scheduling techniques. Methods of progressing. Training available to trades employees.

d. Production Technical Support. Engineering and design support capabilities (in-house or subcontracted) with sufficient capability to diagnose and evaluate technical problems and issues and to make competent technical recommendations to MSC when necessary and appropriate. The offeror shall be fully cognizant of ABS rules and USCG regulations and how they apply and impact this specification package.

e. Material/Procurement Control. A material purchasing department with staff. Procedures for control of material (purchasing, monitoring, receipt, inspection, segregation, issuance, nonconformance, and disposal). An inventory system – ordering, tagging warehousing. CFM/GFM storage, control and protection. Existing environmentally-controlled warehouse space. Material handling equipment. Familiarity with the Navy logistics support system.

f. Subcontractor Control. Procedures for selecting, scheduling, managing, monitoring and controlling subcontractors.

g. Quality Control/Test and Trials. A quality control organization/department/staff. Quality assurance procedures/manual. Calibration and metrology system availability. Test memo writing capability. Nondestructive Testing capabilities. Welding procedures and welders’ qualifications. Ability to perform trend analysis. Quality control system shall be certified or equivalent to ISO 9001:2001 standards.

h. Safety/Security. Safety Organization/Manager or Engineer. Safety manual/procedures. Safety training. First-aid capabilities or medical services. Fire protection/procedures. Physical yard security/security procedures.

i. Hazardous Material/Waste Control. Proper procedures and facilities to meet the legal requirements for removal, storage, and disposal of hazardous waste. Segregated storage. Documentation of licensed subcontractors responsible for control of hazardous waste removal, storage, and disposal. Appropriate state/federal agency-issued hazardous waste generator number. Disposal records which indicate type of material, date, and place of disposal.

j. Facilities. Although facility requirements may vary with the work authorized for a specific ship, the contractor must be a ship repair company that possesses or has available the following facilities:

· Pier, with services in place, accessible to the CLASS size ship for birthing

· Structural Shop

· Machine Shop

· Pipe Shop

· Electrical/Electronic Shop

· Carpentry Shop

· Rigging Equipment

· Dry-dock – when required for docking of vessel in performance of the specification

k. Agreements. To be determined responsible, a prospective contractor must possess an MSRA, ABR or submit acceptable evidence in lieu of the aforementioned to effectively communicate and demonstrate its ability to obtain required resources.

(c) The government reserves the right to perform a site survey(s) for verification of policies, procedures, capabilities and facilities prior to award.

This award consummates the contract which consists of the following documents: (a) the Government’s solicitation and your final proposal revision submitted on 03/24/2020 inclusive of all discussion and clarifications responses and (b) this award/contract.

C – 2 List of Standard WIs included for this solicitation:

CATEGORY “A” WORK ITEMS

CATEGORY “B” WORK ITEMS

SECTION 100 HULL STRUCTURE Category

CATEGORY “A” WORK ITEMS

SECTION 200 MACHINERY, PROPULSION

201 PROPULSION MOTOR AND COOLER CLEANING, INSPECTION AND MAINTENANCE A

SECTION 400 COMMUNICATION AND NAVIGATIONAL AIDS Category

CATEGORY “A” WORK ITEMS

407 MACHINERY SPACE CCTV MONITORING SYSTEM & BOW CAMERA INSTALL

CATEGORY “B” WORK ITEMS

410 ECDIS INSTALL IN MASTER’S DAYROOM (TALT T-ESB 15-009) B

SECTION 500 MACHINERY, AUXILIARY SYSTEMS Category

CATEGORY “A” WORK ITEMS

SECTION 600 OUTFIT, FURNISHINGS AND HABITABILITY Category

CATEGORY “A” WORK ITEMS

CATEGORY “B” WORK ITEMS

SECTION 700 SPONSOR EQUIPMENT Category

CATEGORY “A” WORK ITEMS

CATEGORY “B” WORK ITEMS

SECTION 800 HEATING, VENTILATION AND CONDITIONING Category

CATEGORY “A” WORK ITEMS

SECTION E - INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for SUBCLIN 0001AF:

SECTION F - DELIVERY AND PERFORMANCE

The following Delivery Schedule for SUBCLIN 0001AF has been added:

POP 03-AUG-2020 TO

01-DEC-2020

The following Delivery Schedule for CLIN 0008 has been deleted:

POP 03-AUG-2020 TO

01-DEC-2020

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H CLAUSES

H-1 OPTION FOR INCREASED QUANTITIES

The Government may require delivery of the numbered line items identified in Section B as option items in any amount up to the unit quantities and at the unit prices stated in the contractor’s J-3, “Contractor Price Breakdown – Category B Items.” The KO may exercise the options by giving the contractor written notification or via issuance of standard modification (SF 30). Delivery of option items shall be within the performance period identified in Section F unless the parties otherwise agree.

H-2 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

(a) Policy. In compliance with Executive Order Number 11752 (38 F.R. 34793), the policy of the DON is to conform to the provisions of the Federal Water Pollution Control Act, as amended (Title 33 U.S.C. 1251 et seq), and the Oil Pollution Act of 1990, as amended (Title 33 U.S.C. 2701 et seq.), insofar as these Acts prohibit the discharge of oil, oily mixtures, and hazardous substances, and regardless of whether or not these Acts pertain specifically to the Naval vessel and shore activities. The prescribed clause is intended to implement that policy with respect to the ship(s) being constructed or undergoing repair and overhaul under this contract.

(b) Definitions. For the purpose of this clause, the terms "oil," "oily mixtures," "hazardous substance," and "discharge" shall have the meanings as defined in the Acts referred to in paragraph (a) of this clause and other environmental statutes.

(c) Trials. Prior to commencement of any dock or sea trials hereunder, the contractor shall assure the Ship’s Master and CHENG as well as the PPE by demonstrations, completed test memoranda, or other means reasonably acceptable to the Ship’s Master and CHENG, as well as the PPE, that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the ship, that the contractor shall be required by the specifications to install, is fully operable.

(d) Reports. The contractor shall, as soon as it has knowledge of any discharge of oil, oily substance, or hazardous substance from the ship, immediately notify the Ship’s Master and CHENG, as well as the Principle Port Engineer, thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24-hours thereafter, the contractor shall file with the Ship’s Master and CHENG, as well as the PPE, the "Oil or Hazardous Substance Discharge Report.”

(e) Liability. The contractor shall be liable to the Government for all such costs of removal of such oil, oily mixture, or hazardous substance where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the contractor. All documentation related to such waste shall bear the contractor’s generator number in accordance with WI 0023 HAZARDOUS WASTE DISPOSAL AT A CONTRACTOR'S FACILITY. The contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance when initiated by the Government.

H-3 AGR CONTRACT LINE ITEM NUMBER (CLIN 0002)

(a) The Government may utilize CLIN 0002 for and not limited to, man-hours generated from a discrepancy found between WIs and the current conditions or a needed repair found during the open and inspect phase of the WI. This work may consist of supplemental, emergent, or new work. AGR does not include work performed pursuant to DFARS Clause 252.217-7005 - Inspection and Manner of Doing Work, 252.217-7013 - Guarantees, or other contract clauses relating to the correction of defects. The contractor agrees that CLIN 0002 AGR man-hours, if ordered, shall be performed concurrently with CLIN 0001 and any or all Category “B” WIs exercised, during the contract’s performance period, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned WIs, to any other Government contract, or to any other work in progress for the Government. Work under this CLIN may coincide with ODC, and therefore will be performed concurrently with H-4 (ODC).

(b) As a result of a discrepancy found between the WI and the current conditions or a needed repair found during the open and inspect phase of the WI, the contractor may submit a CFR to the ACO and the PPE. As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders AGR pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within three (3) days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the KO. The contractor's failure to submit its proposal within the three (3) day period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the AGR and will permit the KO to take any of the three (3) options set forth in subparagraph (d) below. AGR proposals shall be priced using the FBLR set forth in Section B, CLIN 0002. The rate established in CLIN 0002 will be used in evaluating the contractor's proposal and will also be used for negotiating changes as required by this clause. As part of the contractor’s proposal submission for AGR, the following shall be included:

(c) Considering FBLRs have been pre-approved in CLIN 0002, proposal evaluation may be limited to: (1) evaluating the mix of labor categories and associated man-hours to ensure that they are reasonable to meet the Government’s minimum requirements in addressing these discrepancies or repairs found; and (2) as a result of the mix of labor categories and man-hours, the subsequent AGR price is fair and reasonable IAW FAR 15.404-1(b) – Price analysis for commercial and non-commercial items. In the event that a fair and reasonable price cannot be negotiated, the KO reserves the right to procure these ODCs utilizing alternative means described in subparagraph (d), below.

(d) Upon receipt of the contractor's price proposal for the AGR the contractor and the KO shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the contractor and the KO, the KO reserves the right to:

(1) Have the work performed by the Government;

(2) Issue a unilateral modification;

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government and/or other third-party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the AGR at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the DFARS Clause 252.217-7011 - Access to Vessels.

(f) The contractor warrants and hereby certifies that its price for the firm fixed portion of this contract (CLIN 0001) does not include any amount for AGR (CLIN 0002). Settlement of AGR (CLIN 0002) will be for the purpose of providing funding. In the event the Government requires additional work, authorization to proceed shall be made only by the KO. The Contractor is to perform and invoice against CLIN 0002 ONLY for work that has been AUTHORIZED through a settled CCO and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0011 at contract completion shall be de-obligated.

H – 4 OTHER DIRECT COSTS (CLIN 0002)

(a) The Government may utilize CLIN 0002 for and not limited to, material and equipment generated from a discrepancy found between WIs and the current conditions or a needed repair found during the open and inspect phase of the WI. This work may consist of supplemental, emergent, or new work. ODC does not include work performed pursuant to DFARS Clause 252.217-7005 - Inspection and Manner of Doing Work, 252.217-7013 - Guarantees, or other contract clauses relating to the correction of defects. The contractor agrees that CLIN 0002 ODC, if ordered, shall be performed concurrently with CLIN 0001 and any or all Category “B” WIs exercised, during the contract’s performance period, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned WIs, to any other Government contract, or to any other work in progress for the Government. Work under this CLIN may coincide with AGR, and therefore will be performed concurrently with H-3 (AGR).

(b) As a result of a discrepancy found between the WI and the current conditions or a needed repair found during the open and inspect phase of the WI, the contractor may submit a CFR to the ACO and the PPE. As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders ODC pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within three (3) days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the KO. The contractor's failure to submit its proposal within the three (3) day period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the ODC and will permit the KO to take any of the three options set forth in subparagraph (d) below. As part of the contractor’s proposal submission for ODCs, the following shall be included:

Material -Part number -Order quantity -Unit price -Total price

Equipment

- Part number

- Order quantity

- Unit price

- Total price

Other Direct Costs not captured above

- Travel

- Per diem (lodging, M&IE daily rates)

- Subcontractor Proposal Breakdown shall include but not be limited to, Material (Part number, Order Quantity, Unit Price, and Total Price), equipment (Part Number, Order Quantity, Unit Price, and Total Price), labor (FBLR, Proposed Labor Mix/Categories, and Proposed Manhours), and ODC (Travel and Per Diem)

- Etc.

The G&A and profit rates proposed shall be the same as the rates provided under CLIN 0002 in the contract.

(c) Considering, G&A and profit rates have been pre-approved in CLIN 0002, proposal evaluation may be limited to: (1) evaluating the mix of ODCs proposed to ensure that they are reasonable to meet the Government’s minimum requirements in addressing these discrepancies or repairs found; and (2) the costs of the ODCs are fair and reasonable IAW FAR 15.404-1(b) – Price analysis for commercial and non-commercial items. In the event that a fair and reasonable price cannot be negotiated, the KO reserves the right to procure these ODCs utilizing alternative means described in subparagraph (d), below.

(d) Upon receipt of the contractor's price proposal for the AGR the contractor and the KO shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the contractor and the KO, the KO reserves the right to:

(1) Have the work performed by the Government;

(2) Issue a unilateral modification;

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government and/or other third-party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the ODC at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the DFARS Clause 252.217-7011 - Access to Vessels.

(f) The contractor warrants and hereby certifies that its price for the firm fixed portion of this contract (CLIN 0001) does not include any amount for the ODC (CLIN 0002). Settlement of ODC (CLIN 0002) will be for the purpose of providing funding. In the event the Government requires additional work, authorization to proceed shall be made only by the KO. The contractor is to perform and invoice against CLIN 0002 ONLY for work that has been AUTHORIZED through a settled CCO and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0011 at contract completion shall be de-obligated.

H-5 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED

In performing this contract, the contractor will not use as a consultant or employ (on either a full or part-time basis) any active duty Navy personnel (civilian or military) without the prior approval of the KO. Such approval may be given only in circumstances where it is clear that no laws and no DOD or Navy instructions, regulations, or policies are contravened and no appearance of a conflict of interest will result.

H-6 ASBESTOS REMOVAL REQUIREMENTS

(a) During the performance of this contract the contractor and subcontractors may be required to perform work which involves the removal or disturbance of asbestos or asbestos-containing products. This clause applies to each instance of asbestos removal or disturbance.

(b) The contractor shall comply with the precautions required in 29 CFR 1910.1001, 29 CFR 1926.58 and 40 CFR Part 61 and all other applicable Federal, state, and local restrictions. The contractor shall forward a copy of all required notices, licenses and permits to the KO immediately upon issuance or receipt.

(c) The latest change to the Federal, state, and local regulations in effect at the time of issuance of the contract shall govern. Compliance with these regulations is mandatory and is necessary to protect the employees of the contractor and Naval personnel from exposure to asbestos fibers in excess of the OSHA Action level airborne concentration (currently 0.1 f/cc of air).

(d) During removal or disturbance, the contractor shall control airborne asbestos concentrations outside the removal boundary to less than 0.1 f/cc at all times.

(e) After removal or disturbance is complete, the areas within the removal boundary shall not be released for re-occupancy until clearance air sampling demonstrates these spaces have concentrations of asbestos less than 0.1 f/cc.

(f) In all respects, the performance of air sampling and analysis shall be performed in accordance with the OSHA Reference Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications:

(1) Aggressive clearance sampling shall be performed on 25 mm cassettes at 2.0 liters per minute for a minimum of four (4) hours.

(2) In performing the clearance sampling, the pump shall be placed within the compartment where the removal or disturbance occurred. When this operation is conducted in a multilevel space, at least one pump shall be placed on each level.

(3) Air sampling shall be performed by a person competent in sampling procedures and overseen by a CIH by the ABIH.

(4) Laboratory analysis of samples shall be performed by a participant in the AIHA PAT Program rated proficient for asbestos and air.

(g) Personal sampling shall be conducted using breathing zone air samples which are representative of the 8-hour TWA exposure of each individual. Samples shall be collected and analyzed using the OSHA Reference Method contained in either 29 CFR 1910.1001 (as amended) or 29 CFR 1926.58 (as amended).

(h) The contractor agrees to indemnify MSC for any fines assessed by Federal, state, or local agencies, for the contractor's failure to properly follow applicable regulations.

(i) The contractor shall insert this clause in all subcontracts entered into under this contract.

H-7 SUBCONTRACTOR SUBSTITUTION

Post-award substitution of any major subcontractor should not be effected unless the proposed substitution is submitted to the KO and official approval is obtained. The post-award substitution or insertion of a second-tier subcontractor will be treated in the same manner as the substitution of a major subcontractor and will require specific approval by the KO.

H-8 SUBSTITUTION OF KEY PERSONNEL

(a) General Clause. The contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with the proposal and who are necessary to fulfill the requirements of this contract. No substitution of key personnel shall be made except IAW this clause.

(b) Guidance on Substitutions. All proposed substitutions must be submitted, in writing, at least seven (7) days in advance of the proposed substitutions to the KO and must provide the information required by paragraph (c) below.

(c) Request for Substitution. All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information as requested by the KO. All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The KO or his authorized representative will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof.

H – 9 WAIVER OF CLAIMS

All requests for equitable adjustment to the contract price and any other claims whatsoever for monies due under this contract must be submitted to the KO pursuant to FAR Clause 52.233-1 Alt I - Disputes within six (6) months of the redelivery of the ship. All requests for equitable adjustment that are not submitted within the six (6) month limit shall be deemed to have been waived by the contractor.

H – 10 UTILIZATION OF TRAVEL AND PERDIEM IN CONDUCTING CHANGE ORDERS

The contractor shall demonstrate due diligence in the assessment, evaluation, and determination resulting in the proposed utilization of other than local specialized labor resources.

Only with KO approval to proceed will a contractor, technical representative, or subcontractor be reimbursed for reasonable per diem costs (transportation, travel expenses, lodging, meals, and incidental expenses) required in connection with the associated change order. Per diem costs are considered reasonable, allowable, and reimbursable only to the extent that they do not exceed the allowed per diem rate in effect at the time of travel as set forth in the FTR, JTR, or Standardized Regulations as set forth in FAR 31.205-46.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICE TO BIDDERS

L – 1 GOVERNMENT FURNISHED INFORMATION – TECHNICAL DATA (GFI-TD)

GFI-TD referenced but not enclosed with this RFP are available via CD upon request. Offerors shall submit their request to the KO and provide their company name, point of contact, address, and phone number, and shall indicate if data will be forwarded to subcontractors.

L –2 REQUIREMENTS FOR SUBMISSION OF PROPOSALS

A. Proposal Submittal and Inquiries.

1. Proposals shall be received prior to the closing date and time identified on the SF 33, at the following address:

Military Sealift Command

2. Electronic submissions via email or facsimile will not be accepted. Offers shall be mailed through a commercial/Government carrier or hand-carried.

3. All questions concerning the solicitation shall be addressed to the contracting specialist identified below via email:

Samuel.queen@navy.mil

4. See L-5, “Inspection of Vessel/Pre-Proposal Conference,” for instructions to participate in a pre-proposal inspection of the vessel.

B. General Instructions

1. The selection of a source for award purposes will be conducted utilizing source selection (negotiated) procedures as delineated in FAR Subpart 15.3. Offers will be evaluated using the criteria under Section M, “Evaluation Factors for Award.” Noncompliance with the RFP requirements may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

2. The offer. The submission of the documentation specified below will constitute the offeror’s acceptance of the terms and conditions of the solicitation.

3. It is the Government’s intention to award without discussions. Offerors are encouraged to submit their best technical proposal and prices in initial proposals. IAW FAR 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for purposes of efficiency IAW FAR 15.306(c)(2). Proposals containing unacceptable ratings may be included in the competitive range provided they can be made acceptable as a result of discussions.

4. Instructions outlined in paragraph C below prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of information needed to allow for evaluation of proposals.

5. The WI Package is only available upon a written request to the contract specialist. All other referenced documents for this solicitation are available on the FBO website at https://www.beta.sam.gov.

6. Debriefings. The KO will promptly notify offerors of the decision to eliminate their proposals from the competitive range, whereupon an offeror can request and receive a debriefing in accordance with FAR 15.505. The KO will notify unsuccessful offerors in the competitive range of the source selection decision IAW FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Any offeror requesting a debriefing must make the request in accordance with the requirements of FAR 15.506.

C. Proposal Preparation Instructions

1. Offeror’s proposal shall consist of two (2) separate volumes: (Volume I) General; and (Volume II) Technical Proposal.

2. Proposal Format

a. Offerors shall submit an original of their proposals and the number of copies listed in paragraph “d” below.

b. The proposals shall be organized into two (2) separate, sealed volumes. Each hard copy volume of the proposal shall be separately bound in a three-ring loose-leaf binder. The original copy of each volume shall be marked, “Original,” and any copy shall be marked, “Copy.”

c. In addition to submitting hard copies of the proposals, offerors shall provide digital copies shall be provided on CD-ROM disk in Adobe PDF, Microsoft Word, PowerPoint, and/or Excel. Offerors shall ensure that proposal disks are virus-free and free of password protection. The Government reserves the right to eliminate a proposal from consideration if access to proposal data is prohibited due to viruses, passwords, and/or wrong format.

d. The table below shows detailed page limits and number of copies required to be submitted:

The proposal shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be removed and remain unread.

The offeror shall submit a technical and a price proposal that shall include, at a minimum:

D. Proposal Content

1. Volume 1 – General. Offerors are required to submit: (TAB A) a completed SF 33 to include acknowledgement of amendments, if applicable; (TAB B) Section B – Supplies or Services and Prices/Costs and an itemized breakdown of price on the form(s) provided in Attachments J-2 and J-3; (TAB C) Subcontracting Plan (not applicable for small business concerns); (TAB D) Section K Representations, Certifications, and Other Statements of Offerors; and (TAB E) Past Performance.

TAB A, SF 33. The SF 33 shall be fully completed upon submission. The offeror shall acknowledge any amendments to the RFP in accordance with the instructions on the SF 33 and FAR Clause 52.215-1(b).

TAB B, Price:

For the price submission, the hard copy version will take precedence for any differences noted between the hard copy and electronic versions of an offeror’s proposal.

Offerors shall submit prices in the format specified on the Contractor Price Breakdown forms of this solicitation, Attachments J-2 and J-3. Each specification Item Number must be either priced or marked “NSP.”

Overall Price. Unit prices and extended prices must be submitted as indicated, except NSP items.

Offerors shall include any costs associated with third-party access to the contractor’s facility, including costs for badges, safety orientation instruction, and/or parking, in the price proposal under the Shipboard Access and Security Item. For estimating purposes, offerors shall assume that (1) the Government will require access, to include safety orientation instruction and parking at the shipyard facility, for thirty individuals for the entire duration of the performance period; and (2) 20% of the badges issued to the Government and third-party personnel will be lost/misplaced and will require replacement.

Offerors shall include the Hazardous Waste Handling Fee rate per WI 0023 Hazardous Waste Disposal at a Contractor’s Facility; and the unit price per KWh for electrical power, the unit price per gallon of potable water, and the unit price per gallon of distilled water per WI 0011 in Section B of the solicitation.

The contractor agrees that its man-hour rate for the 44,949 man-hours of the AGR includes the complete and full compensation to which it is entitled, including, but not limited to, compensation for all the direct labor costs, (e.g., straight time, overtime, premium time, shift differential, holiday time, standby time, etc.) for performing the AGR, as well as compensation for acceleration, delay and disruption, and other impact, if any, to the aforementioned WI, to work performed under any other Government contract, and to any work in progress for the Government. The contractor further agrees that it is not entitled to a time extension to the delivery date of any ship under a Government contract by reason of or as a result of the ordering of the 44,949 man-hours of AGR.

AGR does not include work performed pursuant to the clauses of this contract entitled “Inspection and Manner of Doing Work,” “Guarantees,” or other contract provision relating to the correction of defects.

TAB C (not applicable to small business concerns), Subcontracting Plan. IAW FAR 52.219-9, 52.219-9 Alt II, and DFARS 252.219-7003, offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure they submit a Small Business Subcontracting Plan with all of the information required. In preparing the Small Business Subcontracting Plan, offerors should note historical compliance with FAR 52.219-8, 52.219-9 Alt II, and DFARS 252.219-7003.

TAB D, Section K (Representations, Certifications, and Other Statements of Offerors). The offeror shall ensure that its Section K submission is thoroughly completed, with all blocks in each certification/representation executed in their entirety and truthfully.

TAB E, Past Performance:

The Past Performance evaluation will be accomplished by reviewing aspects of an offeror’s recent and relevant Past Performance. Offerors may provide information for up to three (3) previous Government contracts where the effort is/was recent and relevant to the effort required by this solicitation.

a. “Recent” is defined as a…